DA: Suspect in Puerto Rican club homicide plotted to kill witnesses

Authorities said Rene Figueroa, charged with killing a woman in 2012 near a Bethlehem Puerto Rican club, now is also charged with plotting to kill witnesses in his case.

Authorities said Rene Figueroa, charged with killing a woman in 2012 near a Bethlehem Puerto Rican club, now is also charged with plotting to kill witnesses in his case. (DOUGLAS KILPATRICK, THE MORNING CALL)

Pamela Lehman, Of The Morning Call

Northampton County authorities said a man charged in a fatal shooting outside a Puerto Rican social club in Bethlehem plotted with his wife to pay a fellow inmate $50,000 to kill witnesses.

Rene Figueroa was charged Thursday with conspiracy to commit homicide and solicitation to commit homicide against three witnesses of the South Side shootout, the same people his wife faces federal charges for allegedly scheming to kill.

Figueroa, 34, and co-defendant Javier Rivera-Alvarado, both of Allentown, face a score of felonies from a chaotic clash in December 2012 that police have called one of the Lehigh Valley's worst gunfights. Figueroa could receive the death penalty if convicted of murdering 23-year-old Yolanda Morales of Bethlehem, who was gunned down during the melee outside the Puerto Rican Beneficial Society.

In March, the FBI charged Figueroa's wife, Sonia Panell, with hiring a hit man, offering to provide him with a gun, night-vision goggles and an untraceable phone.

Northampton County court records state that in February 2013, Figueroa offered fellow prison inmate James Martin $50,000 and would pay his bail if Martin killed witnesses in Figueroa's case. Court records also state Figueroa and Panell spoke in codes to plan the killings without alerting authorities who record inmates' phone conversations.

First Deputy District Attorney Terence Houck said Thursday that officials "knew all along" that Figueroa had schemed with Panell to kill the witnesses.

"We had to do a complete investigation before charges could be filed," Houck said.

Bethlehem police Chief Mark DiLuzio said although it took time to file charges, the investigation was taken "very seriously" by police, county detectives and the FBI.

"If witnesses can't come forward, that attacks the very heart of the American criminal justice system," DiLuzio said.

Figueroa's attorney, Gary Asteak, could not be reached for comment.

According to Northampton County court records filed Thursday:

In April 2013, detectives interviewed Martin, who was still in the county prison on simple assault, criminal trespass and harassment charges filed in 2012 by Easton police.

Martin told authorities that after spending a few weeks in the same unit, Figueroa "offered to bail Martin out of prison if he agreed to kill some of the witnesses" in Figueroa's case.

Martin needed $1,045 to post bail and three signatures, and Figueroa named two women — only listed in court records as "Monica" and "Vicky" — who could sign for Martin's bail.

During a phone call made from prison March 3, 2013, Figueroa told Panell to "arrange the release of Martin" through a bail bonds agent. In another phone call, Figueroa told Panell to call "Vicky" to make arrangements to get the signatures needed for Martin's release.

The investigation continued for a few months "with the cooperation and assistance of Martin," who continued discussions with Figueroa about killing the witnesses. Martin was not able to secure three signatures as a condition of bail.

Court records state that in June 2013, Martin pleaded guilty to simple assault and criminal trespass. He was sentenced to serve six months to one year in prison.

Authorities said Thursday that Martin is no longer in prison.

Panell, 38, of Lansford in Carbon County, is being held in federal detention.

Witnesses in the killing had complained to authorities that they thought they were being followed or watched.

Authorities said Panell tried to recruit an unnamed man and agreed to give him a car if he killed witnesses. Houck has said the supposed hit man was a family acquaintance of Panell's in Ohio who contacted the FBI after she approached him.

In Figueroa's Northampton County case, authorities also refer to the unnamed man and said Panell told him "she would have to talk to Rene Figueroa in order to figure out the amount of money to be paid for the murders," court records state.

Panell told the unnamed man that Figueroa had a cellphone in the prison and that is how they were able to discuss the murder plots without alerting authorities, court records state.

Both Panell and Figueroa also face charges in Northampton County for allegedly sneaking a cellphone into the prison.

During meetings with the unnamed man, Panell told him that "Figueroa still wanted to have the victims killed, but they had to be careful" because prison officials had discovered Figueroa's cellphone.

In the federal case, Panell is scheduled to appear Monday in U.S. District Court in Allentown for a hearing on defense motions demanding to know the identity of informants and cooperating witnesses in the government's case against her.

Her attorney, Hope Lefebre, also will make arguments in support of her motions to limit mentions of Panell's prior convictions during a trial and to compel the government to reveal the criminal records of its witnesses against her. Judge James Knoll Gardner will preside at the hearing.

Panell was recorded by the FBI making "chilling" comments as she planned to have the witnesses murdered to prevent them from testifying against her husband, according to a filing by federal prosecutors. She faces allegations of commissioning murder for hire and aiding and abetting, and could face up to 25 years in prison, federal authorities say.

The federal filing notes that "one of the intended murder victims is handicapped" and says Panell worried that "the [expletive] in the wheelchair" would be "especially difficult to kill." She told the supposed hit man the name of the facility where the witness attended physical therapy and suggested the best time to kill him would be when he arrived for an appointment, court records state.

Northampton County authorities said the intended targets were the prosecution's main witness, Orialis Figueroa of Easton, who was shot in both legs; Orialis Figueroa's girlfriend, Shajuan Hungerford; and Orialis Figueroa's brother, Angel Figueroa of Easton, who was paralyzed in the shooting. Neither of the Figueroas is related to defendant Rene Figueroa, authorities have said.

Figueroa's bail on Thursday's charges was set at $500,000 by District Judge Antonia Grifo. Figueroa remains in county prison.